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The 2024 amendments to Louisiana’s direct action statute, La. R.S. 22:1269, have brought significant changes for those pursuing catastrophic injury claims. If you’re dealing with a catastrophic injury case, it’s crucial to understand how these changes might affect your legal options.

What’s Changed in Direct Action Laws for Catastrophic Injury Claims?

The 2024 amendments significantly change when and how you can sue an insurance company directly after a catastrophic injury. Here’s a breakdown of the most important updates:

At the Louisiana State Bar Association’s (LSBA) annual Louisiana Young Lawyer Conference, Reed Ellis was honored as a 2024 Top Young Lawyer.

This prestigious award recognizes outstanding young attorneys across the state who have demonstrated exceptional commitment to the legal profession and their communities. The LSBA Young Lawyers Division selects recipients based on professional achievements, leadership, community involvement, contributions to bar associations and the legal field, and a demonstrated commitment to character, professionalism, and ethics.

“It is such an honor to be nominated and chosen among the accomplished young professionals in Louisiana’s legal community,” said Reed. “I’m proud to represent Broussard, David & Moroux at the state level and am incredibly grateful for the mentors who have supported me throughout my career. I look forward to paying it forward as we continue to grow and evolve as a firm.”

Broussard, David & Moroux, catastrophic injury firm, is proud to announce five of their attorneys have been selected to the 2025 Louisiana Super Lawyers list. Notably, Blake R. David, a long-time honoree on Super Lawyers’ list of the Top 50 Attorneys in Louisiana, has reached a new milestone this year by earning a spot among the Top 10 Attorneys in the state.

Super Lawyers is a prestigious list that recognizes no more than five percent of attorneys in the state. We are pleased to share that Richard Broussard (19 years), Blake David (12 years), Jerome Moroux (5 years), Rachael Catalanotto (3 years) and Emily Borgen have earned this esteemed distinction. A special congratulations to Emily for being recognized for the first time this year.

Super Lawyers, a research-driven, peer-influenced rating service from Thomson Reuters, honors outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from over 70 practice areas and all firm sizes, ensuring a credible and relevant annual list. The Super Lawyers process aims to create a credible, comprehensive, and diverse listing of exceptional attorneys, serving as a trusted resource for both referring attorneys and consumers seeking legal counsel.

In early 2021, a plaintiff shopping at a local retail store suffered a life-changing injury from what initially appeared to be a minor incident. While preparing to shop, she grabbed a shopping cart when an employee pushed several stacked carts into her right ankle. Although surveillance footage captured what seemed like a minimal bump, the aftermath told a different story.

Within days of the incident, the plaintiff began experiencing severe burning pain in her thoracic spine and right ankle. She was ultimately diagnosed with intercostal neuritis and an ankle contusion. As her condition worsened, she developed Complex Regional Pain Syndrome (CRPS)—a chronic pain condition that caused significant temperature and color changes in her ankle. Despite undergoing multiple treatments, including thoracic spine injections and sympathetic nerve blocks, her symptoms persisted.

Legal Battle: Fighting for Justice and Compensation

Hayden Carlos gave a CLE presentation entitled “Boudin, Brisket & the Bar” at the Lafayette Bar Association’s CLE by the Hour, which highlighted the intersection of Texas and Louisiana jurisdictions in personal injury law.

“The same way boudin made in Texas and brisket smoked in Louisiana stand out against their native counterparts, so do attorneys who don’t have experience in both Texas and Louisiana when they try to handle cases that have issues stretching across both jurisdictions.” Says Hayden. “Its common for cases in Texas to involve Louisiana plaintiffs, defendants, and medical providers, and vice versa. But when the two states intersect, dozens of issues come up that require careful navigation. So it is always best to get an attorney experienced in both Texas and Louisiana personal injury practice to maximize value to the client.”

Hayden’s presentation underscored the importance of understanding not only the procedural differences between Texas and Louisiana law but also the nuanced legal cultures in each state. Attorneys must be well-versed in both systems to ensure the best possible outcome for clients.

 In September 2021, a motor vehicle collision occurred in Tangipahoa Parish, Louisiana, involving a fire engine and a civilian vehicle. On that date, our client was lawfully operating her vehicle on Louisiana Highway 51 in Tangipahoa Parish, Louisiana. At the same time, Shaun Roach was operating a fire engine while responding to a grass fire.
As the fire engine approached Louisiana Highway 51, its driver activated the lights and sirens. The fire engine attempted to make a left turn onto Highway 51 but failed to yield to oncoming traffic. Unfortunately, the driver entered the path of our client’s vehicle, resulting in a violent crash that left her with serious injuries.

Initially, our client was placed at fault for the accident and cited by the local investigating law enforcement agency. The defense argued that Louisiana’s emergency vehicle statute (LSA-R.S. 32:24(D) applied, protecting the fire department from liability due to the emergency response. However, our team of attorneys on the Northshore worked quickly to uncover the facts and fight for her rights.

As 2025 begins, many of us take a moment to reflect on our achievements, challenges, and goals for the upcoming year. While it’s important to look ahead, we should also take a step back and consider the unresolved issues from last year that might still be affecting us—especially when it comes to personal injury claims.

Whether you’ve been in a car accident, suffered a slip-and-fall, or experienced a workplace or off-shore injury, time is of the essence. If you have an injury claim that hasn’t been resolved, now is the time to act. The new year presents an opportunity for a fresh start and a path toward recovery.

Last year, the Louisiana Legislature made several changes affecting your right to bring a claim for injuries. The statute of limitations—which is the legal deadline for filing a personal injury claim—was changed for some claims. This deadline may differ depending on the type of claim and date of injury. If you miss this deadline, you could forever lose your right to recover compensation for your injuries and losses.

A 51-year-old hotel manager was driving to work in when she stopped at a red right and was rear-ended by a company F-150 pickup truck. The defendants accepted liability but disputed the medical causation of the personal injury claims based on the lack of significant property damage. To support their case, the defendants hired two accident reconstructionist and a biomechanical expert.

Broussard, David & Moroux personal injury attorneys, Blake David and Reed Ellis represented the plaintiff. Prior to the car accident, she had no history of back, neck, or hip issues or treatment in the past 15 years, and experienced neck, back, left wrist, mid-back, and jaw pain within hours of the crash. Dr. Robert Lejeune, a chiropractor, documented these injuries.

Over time, her condition worsened, requiring multiple surgeries on her neck, back, and hip. In response, the defendants hired four Additional Medical Examiners to challenge her claims, arguing that the injuries were temporary, lasting six weeks or less. The defendants also planned to present radiologists who would refute the injuries.

While most travel-related accidents may result in minor injuries, some can lead to catastrophic injuries that permanently change a person’s life. Catastrophic injuries typically involve severe, life-threatening harm to the body and can include:

  • Spinal Cord Injuries: These injuries often lead to paralysis or loss of sensation and mobility below the site of the injury.
  • Traumatic Brain Injuries (TBI): A TBI can range from a mild concussion to a severe brain injury that impairs cognitive function, speech, motor skills, and memory.

On November 12, 2020, an Acadia Parish farmer and his employee started a fire in a soybean field bordered by Louisiana Highway 97/Evangeline Highway, a two-lane highway with one northbound lane and one southbound lane. As the fire burned, it created a heavy smoke which blew into the roadway and completely blocked visibility for drivers travelling in both directions. The farmer and his employee admitted in their depositions that they took no precautions to prevent the smoke from obstructing the roadway.
At the time the smoke blocked the view of drivers on La. 97, plaintiff was travelling northbound towards the area of the fire. As plaintiff approached the area, the smoke suddenly became so thick that she could no longer see in front of her and she stopped in the road. At the same time, two cars were traveling southbound towards the area where plaintiff’s vehicle stopped. When the lead car arrived at the area where the smoke blocked her visibility, she stopped suddenly, forcing the following southbound vehicle to cross the centerline and crash head-on into plaintiff’s vehicle.
As the result of the collision, the 32-year old plaintiff sustained injuries to her neck and back. She was taken via ambulance to emergency room with complaints of pain to her entire back, “from neck down to lower back.”
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